BILL NUMBER: AB 715	CHAPTERED  09/26/00

	CHAPTER   626
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 24, 1999

   An act to amend Sections 12512, 12520, and 12544 of the Government
Code, and to amend Section 13023 of the Penal Code, relating to the
Attorney General.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 715, Firebaugh.   Attorney General duties:  criminal
information reporting.
   (1) Existing law requires the Attorney General to prosecute and
defend all causes to which the state or state officers in their
official capacities are parties, as well as all causes to which any
county is a party, unless the interest of the county is adverse to
the state or state officers in their official capacities.
   This bill would repeal the above-described provisions regarding
the prosecution and defense of causes to which any county is a party.

   (2) Existing law prohibits the Attorney General from employing
special counsel, except when those cases concern escheated property
and the supervision of district attorneys.
   This bill would provide that this prohibition does not affect the
right of the Attorney General to employ counsel to represent or
assist in the representation of a state agency, as defined, or a
state employee if the representation meets specified standards.
   (3) Existing law provides that, if an escheat proceeding is
prosecuted by the regular staff of the Attorney General's office, the
Attorney General shall recover the costs and charges of commencing
and filing a suit to recover escheated property from the escheated
funds, by presenting a claim.
   This bill would repeal the requirement that the action be
prosecuted by the regular staff of the Attorney General's office, and
make other technical changes.
   (4) Existing law requires the Attorney General to direct local law
enforcement agencies to report to the Department of Justice,
information that may be required relative to criminal acts or
attempted criminal acts to cause physical injury, emotional
suffering, or property damage where there is reasonable cause to
believe that the crime was motivated, in whole or in part, by the
victim's race, ethnicity, religion, gender, sexual orientation, or
physical or mental disability.
   This bill would add national origin to the list of victim
characteristics in this reporting requirement.  By increasing the
reporting duties of local officials, this bill would impose a
state-mandated local program.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12512 of the Government Code is amended to
read:
   12512.  The Attorney General shall attend the Supreme Court and
prosecute or defend all causes to which the State, or any State
officer is a party in his or her official capacity.
  SEC. 2.  Section 12520 of the Government Code is amended to read:
   12520.  (a) The Attorney General may not employ special counsel in
any case except pursuant to either of the following:
   (1)  Article 3 (commencing with Section 12540).
   (2)  Article 4 (commencing with Section 12550).
   (b) Subdivision (a) does not affect the right of the Attorney
General to employ counsel to represent, or to assist in the
representation of, a state agency as defined in Section 11000,
including the Attorney General or the Department of Justice, or to
represent a state employee if that representation meets any of the
standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of
subdivision (b) of Section 19130.
  SEC. 3.  Section 12544 of the Government Code is amended to read:
   12544.  If an escheat proceeding is prosecuted by the staff of the
Attorney General's office, the Attorney General shall recover, by
presenting a claim to the Controller, all costs and charges of
commencing and prosecuting the suit, from the funds so escheated.
Those claims shall be paid from the Abandoned Property Account in the
Unclaimed Property Fund and credited to and in augmentation of any
support appropriation of the Attorney General.  The costs and charges
may not in any case exceed 10 per cent of the sum or sums actually
escheated to the State in those suits.
  SEC. 4.  Section 13023 of the Penal Code is amended to read:
   13023.  Commencing July 1, 1990, subject to the availability of
adequate funding, the Attorney General shall direct local law
enforcement agencies to report to the Department of Justice, in a
manner to be prescribed by the Attorney General, any information that
may be required relative to any criminal acts or attempted criminal
acts to cause physical injury, emotional suffering, or property
damage where there is a reasonable cause to believe that the crime
was motivated, in whole or in part, by the victim's race, ethnicity,
religion, gender, sexual orientation, national origin, or physical or
mental disability.  On or before July 1, 1992, and every July 1
thereafter, the Department of Justice shall submit a report to the
Legislature analyzing the results of the information obtained from
local law enforcement agencies pursuant to this section.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
